The central legal point established in the judgment is the interpretation and application of Regulation 12 of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2014, in the context of the NCTE's role in the affiliation process.

JUDGMENT

Prateek Jalan, J. - The proceedings in the matter have been conducted through video conferencing.

CM APPL. 20828/2021 (delay) in REVIEW PET. 101/2021 in W.P.(C) 2069/2021

CM APPL. 20733/2021 (delay) in REVIEW PET. 100/2021 in W.P.(C) 2395/2021

For the reasons stated in the applications seeking condonation of delay, the delay of 52 days in filing the review petitions is condoned. The applications stand disposed of.

CM APPL. 20829/2021 (exemption) in REVIEW PET. 101/2021 in W.P.(C) 2069/2021

CM APPL. 20734/2021 (exemption) in REVIEW PET. 100/2021 in W.P.(C) 2395/2021

Exemptions allowed, subject to all just exceptions.

The applications stand disposed of.

REVIEW PET. 101/2021 in W.P.(C) 2069/2021

REVIEW PET. 100/2021 in W.P.(C) 2395/2021

1. These petitions have been filed by the National Council for Teacher Education ["NCTE"], seeking review of a judgment dated 12.04.2021 in the captioned writ petitions, to the extent that the Chairperson of the NCTE was directed to exercise the powers conferred under Regulation 12[1] of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2014 ["the Regulations"].

2. The captioned writ petitions were filed by institutions in whose favour the NCTE had issued Letters of Intent ["LOI"] under Regulation 7 of the Regulations. The petitioners were required under the conditions of the LOI to obtain approval of their faculty lists from the affiliating body, i.e., the State of Rajasthan. The State of Rajasthan did not cooperate in this process in view of a government policy against the establishment of Diploma in Elementary Education ["D.El.Ed."] courses in the State.

3. In the judgment under review, this Court noticed the judgment of the Supreme Court in State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others, (2006) 9 SCC 1 , and passed the following directions:

"24. In these circumstances, the petitions are disposed of with the following directions: -

a. The Directorate of Elementary Education, Government of Rajasthan is directed to nominate an expert to participate in the selection committee of the faculty for the petitioner-institutions within a period of one week from today.

b. In the event the State of Rajasthan nominates its expert within the aforesaid period, the expert and the State of Rajasthan will cooperate in the expeditious conduct of the selection process, so that the process of faculty approval is concluded within a period of four weeks thereafter.

c. In the event the State of Rajasthan does not nominate an expert in terms of the aforesaid direction, the matter be placed before the Chairperson of the NCTE in terms of Regulation 12 of the Regulations. The participation of the representative of the State of Rajasthan in the Selection Committee and the requirement for the approval of the faculty list by the State of Rajasthan will be waived in the facts and circumstances of the case. The Chairperson will take a decision in terms thereof and may impose such conditions as he/she thinks fit, including nomination of an expert by the NCTE itself to participate in the selection process. The Chairperson's decision be taken within two weeks from today. The faculty list will then be formulated in consonance with the directions of the Chairperson under Regulation 12. The process will be completed within four weeks thereafter.

xxxx xxxx xxxx"

The NCTE seeks review, particularly, of direction (c) above.

4. Mr. Naveen R. Nath, learned Senior Counsel for the NCTE, submits that the judgment under review suffers from an error apparent in the interpretation placed upon Regulation 12. He argues that, on a proper interpretation, Regulation 12 is concerned with situations in which a recommendation is made by the Central Government, State Government or Union Territory administration to relax the provisions of the Regulations. He further submits that the "hardship" referred to in Regulation 12 must be in the nature of exceptional circumstances such as pandemic